14 U.S.C. § 2116 — Officers to be recommended for pro-

Page 130 TITLE 14—COAST GUARD § 2116 ‘‘with:’’ in introductory provisions, and added subsec. (b). 1996—Cl. (2). Pub. L. 104–324 struck out ‘‘, with identi- fication of those officers who are in the promotion zone’’ after ‘‘officers for promotion’’. 1966—Pub. L. 89–444 substituted ‘‘officers who are eli- gible for consideration for promotion to the grade to which the board will recommend officers for pro- motion’’ for ‘‘officers to be considered by the board’’ in cl. 2. § 2116. Officers to be recommended for pro- motion (a) A selection board convened to recommend officers for promotion shall recommend those el- igible officers whom the board, giving due con- sideration to the needs of the Coast Guard for officers with particular skills so noted in spe- cific direction furnished to the board by the Sec- retary under section 2115 of this title, considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the rec- ommendation of at least a majority of the mem- bers of a board composed of five members, or at least two-thirds of the members of a board com- posed of more than five members. (b) The number of officers that a board con- vened under section 2106 of this title may rec- ommend for promotion to a grade below rear ad- miral (lower half) from among eligible officers junior in rank to the junior officer in the appro- priate promotion zone may not exceed— (1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieu- tenant commander; (2) 71⁄2 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and (3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain; unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion. (c)(1) In selecting the officers to be rec- ommended for promotion, a selection board may recommend officers of particular merit, from among those officers chosen for promotion, to be placed at the top of the list of selectees promul- gated by the Secretary under section 2121(a) of this title. The number of officers that a board may recommend to be placed at the top of the list of selectees may not exceed three times the percentages set forth in subsection (b) unless such a percentage is a number less than one, in which case the board may recommend one offi- cer for such placement. No officer may be rec- ommended to be placed at the top of the list of selectees unless he or she receives the rec- ommendation of at least a majority of the mem- bers of a board composed of five members, or at least two-thirds of the members of a board com- posed of more than five members. (2) The Secretary shall conduct a survey of the Coast Guard officer corps to determine if imple- mentation of this subsection will improve Coast Guard officer retention. A selection board may not make any recommendation under this sub- section before the date on which the Secretary publishes a finding, based upon the results of the survey, that implementation of this subsection will improve Coast Guard officer retention. (3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 259; amended Pub. L. 97–417, § 2(4), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title III, § 313(1), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 111–281, title II, § 212(3), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 112–213, title II, § 217(3), Dec. 20, 2012, 126 Stat. 1557; renumbered § 2116 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 117–263, div. K, title CXII, § 11238, Dec. 23, 2022, 136 Stat. 4037.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–263 inserted ‘‘three times’’ after ‘‘may not exceed’’. 2018—Pub. L. 115–282, § 112(b), renumbered section 259 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2115’’ for ‘‘section 258’’. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2106’’ for ‘‘section 251’’ in introductory provi- sions. Subsec. (c)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2121(a)’’ for ‘‘section 271(a)’’. 2012—Subsec. (c)(1). Pub. L. 112–213 substituted ‘‘In se- lecting’’ for ‘‘After selecting’’. 2010—Subsec. (a). Pub. L. 111–281 inserted ‘‘, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direc- tion furnished to the board by the Secretary under sec- tion 258 of this title,’’ after ‘‘whom the board’’. 2002—Subsec. (c). Pub. L. 107–295 added subsec. (c). 1985—Subsec. (b). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. 1983—Subsec. (b). Pub. L. 97–417 substituted ‘‘com- modore’’ for ‘‘real admiral’’. § 2117. Selection boards; reports (a) Each board convened under section 2106 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for pro- motion and the names of those officers rec- ommended to be advanced to the top of the list of selectees established by the Secretary under section 2121(a) of this title. (b) A board convened under section 2106 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for pro- motion are the best qualified for promotion to meet the needs of the service (as noted in spe- cific direction furnished the board by the Sec- retary under section 2115 of this title) of those officers whose names have been furnished to the board. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 260; amended Pub. L. 107–295, title III,